IN RE WINN-DIXIE STORES, INC. (Bankr.M.D.Fla. 2005)

In re: WINN-DIXIE STORES, INC., et al., Chapter 11, Debtors.[1]

Case No. 05-03817-3F1, Jointly Administered.United States Bankruptcy Court, M.D. Florida, Jacksonville Division.
December 15, 2005.

[1] In addition to Winn-Dixie Stores, Inc., the following entities are debtors in these related cases: Astor Products, Inc., Crackin’ Good, Inc., Deep South Distributors, Inc., Deep South Products, Inc., Dixie Darling Bakers, Inc., Dixie-Home Stores, Inc., Dixie Packers, Inc., Dixie Spirits, Inc., Dixie Stores, Inc., Economy Wholsale Distributors, Inc., Foodway Stores, Inc., Kwik Chek Supermarkets, Inc., Sunbelt Products, Inc., Sundown Sales, Inc., Superior Food Company, Table Supply Food Stores Co., Inc., WD Brand Prestige Steaks, Inc., Winn-Dixie Handyman, Inc., Winn-Dixie Logistics, Inc., Winn-Dixie Montgomery, Inc., Winn-Dixie Procurement, Inc., Winn-Dixie Raleigh, Inc., and Winn-Dixie Supermarkets, Inc.

ORDER UNDER 11 U.S.C. § 502 AND FED. R. BANKR. P. 3007 AND 9014 DISALLOWING AND EXPUNGING CERTAIN (A) EQUITY CLAIMS AND (B) DUPLICATE LIABILITY NOTE CLAIMS AS SET FORTH IN THE DEBTORS’ FIRST OMNIBUS CLAIMS OBJECTION
JERRY FUNK, Bankruptcy Judge

These cases came before the Court for hearing on December 15, 2005, upon the First Omnibus Objection (the “Objection”) of Winn-Dixie Stores, Inc. and twenty-three of its subsidiaries and affiliates (collectively, the “Debtors”) to the proofs of claim listed on Exhibit A and B (the “Disputed Claims”).[2] At the request of R2 Investments, LDC (“R2 Investments”), the parties have agreed to continue the Objection with respect to R2 Investments’ claim numbers 8186 through 8195, which claim numbers have been removed from Exhibit B. Upon consideration, it is

ORDERED AND ADJUDGED:

1. The Objection is sustained to the extent provided in this Order.

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2. Pursuant to 11 U.S.C. §§ 105(a) and 502(b), the Equity Claims listed on Exhibit A are disallowed and expunged in their entirety.

3. Pursuant to 11 U.S.C. §§ 105(a) and 502(b), the Duplicate Liability Note Claims listed on Exhibit B are disallowed and expunged in their entirety.

4. The hearing to consider the disallowance of claim numbers 8186 through 8195 is continued to an omnibus hearing date to be determined by the Debtors and R2 Investments or as scheduled by the Court.

5. This Court shall retain jurisdiction over the Debtors and the claimants whose claims are subject to the Objection with respect to any matters related to or arising from implementation of this Order.

6. Each claim and the objections by the Debtors thereto as addressed in the Objection constitute a separate contested matter as contemplated by Bankruptcy Rule 9014. This Order is deemed a separate Order with respect to each claim. Any stay of this Order pending appeal by any of the claimants whose claims are subject to this Order shall only apply to the contested matter which involves such claimant and shall not act to stay the applicability or finality of this Order with respect to the other contested matters covered by this Order.

7. Neither the Objection nor any disposition of the Disputed Claims pursuant to this Order shall constitute a waiver of the Debtors’ right to pursue any potential Avoidance Action against any of the Claimants.

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8. This Order is without prejudice to the Debtors’ right to object to any other proofs of claim or interests filed in these chapter 11 cases, including the Remaining Claims identified on Exhibit B.

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[2] All capitalized terms not otherwise defined in this Order shall have the meaning ascribed to them in the Objection.

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